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April 4, 2019 |

Tips For Tenants

Here is a summary of your rights and obligations provided by Tenants NSW.

For the full details, please see the NSW Residential Tenancy Fact Sheet.

Tenants in NSW are regulated by the Residential Tenancies Act.

Here is a summary of your rights and obligations provided by Tenants NSW.

Your rights under the Act

  • To be given a copy of the residential tenancy agreement, a condition report completed by the landlord/agent and the NSW Fair Trading New tenant checklist
  • to have premises rented to you in a reasonable state of cleanliness and fit to live in
  • to be given rent receipts (unless you pay rent into a nominated bank account)
  • to be offered at least one means of paying the rent for which you do not incur a cost
  • to be given 60 days written notice of a rent increase
  • to have quiet enjoyment and use of the premises – the landlord/agent must not interfere with your possession of the premises
  • to have reasonable peace, comfort and privacy
  • to have reasonable locks and security
  • to have reasonable repairs and maintenance done
  • to be repaid for any urgent repairs that you have paid for – up to $1000
  • to apply to NCAT for orders if the landlord has broken the tenancy agreement
  • to be given written notice of the landlord wanting to end the tenancy agreement
  • to be notified of the change of name and address of the landlord or their agent
  • to refuse the landlord access except in certain circumstances and with proper notice
  • not to be unlawfully evicted.

Your obligations under the Act

  • To fill out the condition report and give the landlord/agent a copy within 7 days
  • to pay rent on time
  • to care for the premises
  • to pay for any damage caused by you or your guests
  • to report the need for any repairs or maintenance
  • not to make alterations or additions without the landlord’s permission
  • not to alter, remove or add a lock or security device without the landlord’s consent (except in certain domestic violence situations)
  • not to use or permit the premises to be used for an illegal purpose
  • not to cause or permit a nuisance
  • not to interfere with the peace, comfort or privacy of neighbours
  • to give correct written notice when you leave
  • to leave the premises in a similar condition to when you rented them, except for normal wear and tear.

Terms of the standard tenancy agreement

The Act says that landlords must use the standard terms set out in the Residential Tenancies Regulation 2010. Many of the terms are the same as those listed above.

The terms of the standard residential tenancy agreement cannot be varied (except for tenancy agreements that are for a fixed term of 20 years or more – contact your local Tenants Advice and Advocacy Service for more information).

If you do not carry out your responsibilities you can be said to have ‘breached’ (broken) term/s of the agreement.

Source:  TENANTS NSW  https://www.tenants.org.au/factsheet-01-residential-tenancies-act

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